The developer shall have the obligation to deed restrict 17.5% of the residential units in the inclusionary development as very-low-, low- and moderate-income affordable units, which shall be 35 affordable units. All such affordable units shall comply with UHAC regulations, COAH affordable housing regulations, the pending approval of the Township's current affordable housing obligation set forth in the settlement agreement by and between the Township and Fair Share Housing Center, any applicable orders of the Court, and other applicable laws.

Deed restriction period. Pursuant to UHAC, the developer shall have an obligation to deed restrict the affordable units in the inclusionary development as very-low-, low- or moderate-income affordable units for a period of at least 30 years from the date of the initial occupancy of each affordable unit (the "deed restriction period") until the Township of Scotch Plains takes action to release the controls on affordability, so that the Township may count each affordable unit against its obligation to provide family rental affordable housing. The parties agree that the affordability controls shall not expire until such time, at least 30 years from the date of initial occupancy, that the Township takes action to release the controls on affordability, and thereafter the affordability controls shall continue in effect until the date on which the individual affordable unit rental unit shall become vacant, provided that the occupant household continues to earn a gross annual income of less than 80% of the applicable median income. See N.J.A.C. 5:80-26.11(b). If, at any time after the release of the affordability controls by the Township, a rental household's income is found to exceed 80% of the regional median income, the rental rate restriction shall expire at the later of either the next scheduled lease renewal or 60 days. The term "family rental" in this redevelopment plan means rental units that are not age-restricted.

Deed restriction: The developer shall execute and record a deed restriction for the affordable units before the first certificate of occupancy is issued for the inclusionary development. The deed restriction will be recorded in the Union County Clerk's office.

Income distribution requirements. Thirteen percent of the total number of the affordable rental units must be very-low-income units, 37% of the total number of affordable rental units must be low-income units, and the remaining 50% may be moderate-income rental units. The income distribution shall be subject to approval by the Superior Court of New Jersey and the Special Master.

Bedroom mix. Pursuant to N.J.A.C. 5:80-26.3(b), the number of efficiency and one-bedroom units is no greater than 20% of the total low- and moderate-income units, at least 30% of all low- and moderate-income units are two-bedroom units, and at least 20% of all low- and moderate-income units are three-bedroom units. The bedroom distribution of the affordable rental units in the inclusionary development shall be as follows:

Other affordable housing unit requirements: The developer will also comply with all of the other requirements of UHAC and the Township's Affordable Housing Ordinance,[1] including, but not limited to, affirmative marketing requirements, candidate qualification screening requirements, integrating the affordable units amongst the market-rate units, and unit phasing requirements. The developer shall disperse the affordable units within the proposed residential buildings on the property, and shall provide the exact location of each affordable unit at the time of site plan application, which shall be subject to review and approval by the Township's Planner and the Special Master.

Administrative agent: The developer shall contract with a qualified and experienced third-party administrative agent, which may be the Township's administrative agent (the "administrative agent") for the administration of the affordable units and shall have the obligation to pay all costs associated with properly deed restricting the affordable units in accordance with the redevelopment plan for the deed restriction period. The developer and its administrative agent shall work with the Township and the Township's administrative agent, should the developer's and the Township's administrative agent not be one and the same, regarding any affordable housing monitoring requirements approved by COAH or the Court. The developer shall provide, within 30 days after written notice, detailed information reasonable requested by the Township or the Township's administrative agent, should the developer's and the Township's administrative agent not be one and the same, concerning the developer's compliance with UHAC, the Township's Affordable Housing Ordinance, all applicable Court orders, and other applicable laws.

The redeveloper shall construct and obtain certificates of occupancy for those buildings containing the affordable units in accordance with UHAC.